The rating schedule that actually governs a VA sleep apnea claim today is not a headline, a proposed rule, or a bill in the House. It is 38 C.F.R. § 4.97, Diagnostic Code 6847, “Sleep Apnea Syndromes (Obstructive, Central, Mixed).” That code is current law. The February 15, 2022 rewrite published at 87 Fed. Reg. 8474 is a proposed rule. It is not in effect. H.R. 9237, 119th Cong. (2025–2026), titled on Congress.gov as the “Take Care of America's Veterans Act,” is a bill trying to get through Congress. It is not law at this time.

Those three sentences decide more of a sleep apnea claim than most of what is circulating about “the new VA sleep apnea rating.” A claim, a supplemental claim, or an appeal is decided under the regulation that is in force when VA applies the schedule—not under a Federal Register proposal that never became a final rule, and not under a House bill whose latest action is postponed proceedings. This post quotes the law that is in force, states what the 2022 proposal actually said, records that no final rule replacing Diagnostic Code 6847 was found as of August 17, 2026, and records what Congress.gov actually shows for H.R. 9237. It does not predict a rating. It does not promise that a current evaluation will be kept or lost. It does not invent bill language that was not independently read in full.

The regulation that is in force

38 C.F.R. § 4.97 is the “Schedule of ratings—respiratory system.” Diagnostic Code 6847 sits at the end of that schedule. The 2024 annual Code of Federal Regulations (38 C.F.R. § 4.97 (2024), 7–1–24 edition) and the Legal Information Institute text of 38 C.F.R. § 4.97 both print the same criteria and the same source note: “[61 FR 46728, Sept. 5, 1996, as amended at 71 FR 28586, May 17, 2006].” That source note is the last published amendment shown on those official texts. It is not a 2022 amendment. It is not a 2024 amendment. It is not a 2026 amendment.

Diagnostic Code 6847, quoted in full from those texts:

6847 Sleep Apnea Syndromes (Obstructive, Central, Mixed):

Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy — 100

Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine — 50

Persistent day-time hypersomnolence — 30

Asymptomatic but with documented sleep disorder breathing — 0

That is the whole code. Four levels. The 50 percent line is not “CPAP was mentioned,” “a machine was discussed,” or “a device would be helpful.” The text is: “Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine.” The 100 percent line is chronic respiratory failure with carbon dioxide retention or cor pulmonale, or a required tracheostomy. The 30 percent line is persistent day-time hypersomnolence. The 0 percent line is asymptomatic but with documented sleep disorder breathing.

Service connection is a separate question from the percentage. Diagnostic Code 6847 assigns a percentage after the condition is service-connected. It does not, by itself, establish service connection, an effective date, or entitlement to any particular combined evaluation. Those issues are decided under the rest of title 38, including 38 U.S.C. § 1110 or § 1131 (basic entitlement), 38 C.F.R. Part 3 (adjudication), and 38 C.F.R. § 3.400 (effective dates). This post does not collapse those questions into the rating code.

What a 50 percent evaluation under current Diagnostic Code 6847 is, and is not

The current 50 percent criterion is device-based. The regulation asks whether the disability “requires use of” a breathing assistance device such as a CPAP machine. It does not, in the text of Diagnostic Code 6847, ask whether treatment is “effective,” whether a sleep study shows “incomplete relief,” or whether end-organ damage is present. Those phrases appear in the 2022 proposal. They are not in the current code.

That distinction matters because a large share of public discussion treats the proposal as if it had already replaced the schedule. It has not. A rater applying 38 C.F.R. § 4.97 today is still applying the 1996 criteria, as last amended in 2006, printed in the 2024 C.F.R. and still shown on the Legal Information Institute text of § 4.97. Whether a particular veteran's file meets “requires use of” a breathing assistance device is a facts-and-evidence question. This firm will not invent a percentage for a file it has not reviewed, and this post will not pretend that the existence of a CPAP prescription is, in every case, the end of the analysis. The regulation is the starting point. The claims file is the rest of the case.

The 100 percent and 30 percent lines are equally specific. Chronic respiratory failure with carbon dioxide retention, cor pulmonale, or a required tracheostomy is not interchangeable with CPAP use. Persistent day-time hypersomnolence is not interchangeable with an asymptomatic, documented sleep-disordered-breathing finding. The schedule is a schedule. It is applied as written.

The 2022 proposal is not law and is not in effect

On February 15, 2022, the Department of Veterans Affairs published, in the Federal Register, a proposed rule: “Schedule for Rating Disabilities—Ear, Nose, Throat, and Audiology Disabilities; Special Provisions Regarding Evaluation of Respiratory Conditions; Schedule for Rating Disabilities—Respiratory System,” 87 Fed. Reg. 8474 (Feb. 15, 2022) (RIN 2900–AQ72). The document's own caption is “ACTION: Proposed rule.” The comment window stated in that notice was: “VA must receive comments on or before April 18, 2022.”

A proposed rule is a notice of what an agency is considering. It does not amend the Code of Federal Regulations by being printed. It does not become the rating schedule because it was discussed for four years. Until a final rule is published and takes effect, 38 C.F.R. § 4.97, Diagnostic Code 6847, remains the law that is applied.

The 2022 preamble is explicit that VA was proposing to “modernize the rating criteria for DC 6847” and to retitle it “Sleep Apnea Syndromes (Obstructive, Central, or Mixed).” 87 Fed. Reg. at 8478. The preamble states that the current criteria “evaluate based upon treatment rather than actual impairment,” and that VA “currently assigns higher ratings to individuals when their physicians prescribe more intensive therapies, such as continuous airway pressure (CPAP) machines, without regard to whether individuals first tried more conservative therapies … or what actual impairment continues following use of CPAP machines.” Id. The same preamble then states the proposed approach:

“Specifically, VA proposes to assign a 0 percent evaluation when sleep apnea syndrome is asymptomatic, with or without treatment. VA would assign a 10 percent evaluation when treatment yields ‘incomplete relief.' VA would assign ratings above 10 percent (e.g., 50 and 100 percent) only when treatment is either ineffective or the veteran is unable to use the prescribed treatment due to comorbid conditions. VA would assign a 100 percent evaluation only if there is also end-organ damage.” 87 Fed. Reg. at 8478.

The proposed regulatory table, printed later in the same notice, reads:

6847 Sleep apnea syndromes (obstructive, central, or mixed):

Treatment ineffective (as determined by sleep study) or unable to use treatment due to comorbid conditions; and with end-organ damage — 100

Treatment ineffective (as determined by sleep study) or unable to use treatment due to comorbid conditions; and without end-organ damage — 50

Incomplete relief (as determined by sleep study) with treatment — 10

Asymptomatic with or without treatment — 0

Note: Qualifying comorbidities are conditions that, in the opinion of a qualified medical provider, directly impede or prevent the habitual use of a recognized form of treatment shown by sleep study to be effective in the affected veteran's case (e.g., contact dermatitis where the mask or interface touches the face or nares, Parkinson's disease, missing limbs, facial disfigurement, or skull fracture).

87 Fed. Reg. at 8493–94.

That table is proposed text. It is not 38 C.F.R. § 4.97 as now printed. It would, if it ever became a final rule in that form, replace a device-based 50 percent line with a treatment-ineffectiveness line, insert a 10 percent “incomplete relief” level, and eliminate the current 30 percent “persistent day-time hypersomnolence” level. None of that has been adopted as a final rule. Quoting the proposal is not the same as applying it.

The 2024 supplemental notice still was not a final rule, and it did not replace Diagnostic Code 6847

On September 12, 2024, VA published a supplemental notice of proposed rulemaking under the same RIN, 2900–AQ72: 89 Fed. Reg. 74162 (Sept. 12, 2024). The caption is “ACTION: Supplemental notice of proposed rulemaking.” The summary states that VA “is issuing a supplemental notice of proposed rulemaking (SNPRM) that proposes to add a diagnostic code (DC) for constrictive bronchiolitis (or obliterative bronchiolitis) (CB).” The body is narrower still: “The CB addition is the only proposal of this SNPRM, and VA is seeking public comment on this issue only.” 89 Fed. Reg. at 74162.

That SNPRM refers back to the February 15, 2022 proposal (87 Fed. Reg. 8474) and states: “VA will address all the public comments received on the proposed rule and any public comments VA receives on this SNPRM in the final rulemaking.” 89 Fed. Reg. at 74162. That sentence is an agency statement that a final rulemaking was still in the future as of September 12, 2024. The SNPRM does not publish final Diagnostic Code 6847 criteria. It does not give Diagnostic Code 6847 an effective date. It proposes adding Diagnostic Code 6605 for constrictive bronchiolitis.

No final rule replacing Diagnostic Code 6847 was found as of August 17, 2026

The official texts were re-opened on August 17, 2026. The 2024 annual C.F.R. still prints the 1996/2006 Diagnostic Code 6847 criteria. The Legal Information Institute text of 38 C.F.R. § 4.97 still prints those same criteria and the same source note. The 2022 document is still captioned a proposed rule. The 2024 document is still captioned a supplemental notice of proposed rulemaking. A search of Federal Register materials for a final rule under RIN 2900–AQ72 that replaces Diagnostic Code 6847 did not locate one.

As of August 17, 2026, no final rule replacing 38 C.F.R. § 4.97, Diagnostic Code 6847, after the 2022 proposal was found in the official sources opened for this post. If a final rule is later published in the Federal Register with an effective date, that document—not this post, and not a secondary article—will be the source to read. Until then, the current Diagnostic Code 6847 criteria quoted above are the criteria that the opened official texts show as in force.

This firm will not treat a blog post, a news story, or a “2026 rating change” explainer as a substitute for the Federal Register and the C.F.R. Secondary articles describing the proposal as still proposed are consistent with what the official texts show; they are not themselves the law.

H.R. 9237 is a bill trying to get through Congress. It is not law.

H.R. 9237, 119th Cong. (2025–2026), appears on Congress.gov as “H.R.9237 — 119th Congress (2025-2026): Take Care of America's Veterans Act.” The official long title on the introduced text is: “To amend titles 10 and 38, United States Code, and other Federal laws, to improve benefits for veterans and the administration of the Department of Veterans Affairs.” Section 1 of the introduced text states that the Act “may be cited as the ‘Take Care of America's Veterans Act.'” It was introduced in the House on June 10, 2026, by Rep. Mike Bost [R–IL–12], and referred to the Committee on Veterans' Affairs and, in addition, the Committee on Armed Services.

The latest action actually shown on the Congress.gov bill page when that page was opened on August 17, 2026, is:

Latest Action: House — 07/16/2026 POSTPONED PROCEEDINGS — Pursuant to clause 1(c) of rule XIX, the Chair announced further proceedings on H.R. 9237 is postponed.

The same overview lists the bill's status tracker as Introduced. It does not show Passed House, Passed Senate, To President, or Became Law.

A bill that has been introduced, taken up, and then had further proceedings postponed is still a bill. It is not 38 C.F.R. § 4.97. It is not a final rule. It does not repeal Diagnostic Code 6847. It does not assign a veteran a percentage. Congress.gov's own tracker, as opened for this post, still places H.R. 9237 at introduced—not enacted.

This post does not quote operative sleep-apnea or tinnitus sections of H.R. 9237. The Congress.gov all-actions page and a complete section-by-section read of the bill text were not independently completed in full after the bill page itself loaded. Secondary reporting has described the package as including proposed changes to future sleep apnea and tinnitus compensation. That reporting is not a substitute for the enrolled text of a statute, and there is no enrolled statute. The only H.R. 9237 facts this post relies on are the title, the introduction date and sponsor, the committees of referral, the July 16, 2026 postponed-proceedings action, and the tracker status of Introduced.

Veterans asking whether “Congress already changed the sleep apnea rating” are asking the wrong question if they mean H.R. 9237. Congress has not enacted H.R. 9237. The rating schedule in force remains 38 C.F.R. § 4.97, Diagnostic Code 6847.

An intent to file protects a claim date. It does not rewrite the schedule.

38 C.F.R. § 3.155(b) is the intent-to-file rule. It is not a rating code, and it is not a guarantee that “old” Diagnostic Code 6847 criteria will apply forever. The text, as opened on the Legal Information Institute, states in relevant part:

“If VA receives a complete application form prescribed by the Secretary, as defined in paragraph (a) of § 3.160, appropriate to the benefit sought within 1 year of receipt of the intent to file a claim, VA will consider the complete claim filed as of the date the intent to file a claim was received.” 38 C.F.R. § 3.155(b).

Paragraph (b) “does not apply to supplemental claims.” 38 C.F.R. § 3.155 (introductory text). An intent to file must provide sufficient identifiable or biographical information to identify the claimant; it must identify the general benefit (for example, compensation); and it must be submitted in one of the three ways listed in § 3.155(b)(1). If a complete claim is not filed within one year of the intent to file, “VA will not take further action unless a new claim or a new intent to file a claim is received.” 38 C.F.R. § 3.155(b)(4).

That is date protection for a complete claim that is perfected in time. It is not a promise that a proposed rule will never take effect. It is not a promise that a future final rule, if one is ever published, will or will not apply to a particular file. It is not a promise of a 50 percent evaluation. Effective-date and applicability questions on any future final rule would be controlled by that final rule and by the effective-date provisions in 38 C.F.R. Part 3—not by a blog post and not by an intent to file standing alone.

Because no final rule replacing Diagnostic Code 6847 was found as of August 17, 2026, the “old versus new criteria” problem is, today, a problem about a proposal and a bill—not about two competing versions of the C.F.R. The intent-to-file regulation still matters for the ordinary reason it always matters: the date VA will treat as the date of claim if a complete application follows within one year.

What this means for a claim, a denial, or an appeal—without promising a result

A sleep apnea case is still a veterans disability case. The questions are the ordinary ones: diagnosis, nexus to service or to a service-connected disability, the correct diagnostic code, the correct percentage under the schedule that is in force, the correct effective date, and, if the regional office has already decided the issue, the correct review lane (higher-level review, supplemental claim, or Board appeal) under 38 U.S.C. §§ 5104B, 5104C, and 7105 and 38 C.F.R. Part 3 and Part 20.

Current Diagnostic Code 6847 will not decide a case that has no diagnosis, no nexus, or a file that does not meet the line being applied. The 2022 proposal will not decide a case that is being rated today. H.R. 9237 will not decide a case while it remains a bill with postponed House proceedings. Treating those three authorities as if they were interchangeable is how a claim gets argued to the wrong text.

This firm does not tell a veteran that a 50 percent evaluation is assured because a CPAP device appears in the medical record. It does not tell a veteran that a rating will be kept if the veteran retains counsel, or lost if the veteran does not. It does not invent a dollar figure, a grant rate, or a testimonial. The work is to read the file against 38 C.F.R. § 4.97, Diagnostic Code 6847, and the rest of title 38, and to put the veteran in the review posture the statute actually provides.

If VA has already assigned a sleep apnea evaluation, the next step is not a speech about a proposed rule. It is a decision review: whether the assigned percentage matches the criteria quoted above, whether the effective date is correct, whether service connection was denied on a ground that the record can answer, and whether the time to elect a review lane is still open. If no claim has been filed, the first question is still the claim—diagnosis, in-service injury or disease or aggravation or secondary theory, and the evidence that makes the schedule applicable—not a prediction about a bill that has not become law.

Disclaimer

This post is general information about veterans disability claims, appeals, and VA benefits. It is not legal advice, not a representation that The Jacks Law Group is your counsel, and not a prediction of any rating, grant, denial, effective date, or payment. No result is promised. Reading this post does not create an attorney-client relationship. Laws, regulations, and pending legislation change; the sources listed below were opened on the dates stated and should be re-checked before they are relied on.

Retain this firm

If you have a VA sleep apnea claim, a proposed or assigned evaluation under Diagnostic Code 6847, a denial of service connection, or a decision you intend to review, have the file read against the regulation that is actually in force. The Jacks Law Group represents veterans in disability claims and appeals. Call 702-834-6300. Do not wait for a proposed rule or a House bill to become something they are not.

The Jacks Law Group
1057 Whitney Ranch Drive, Suite 350
Henderson, NV 89014
702-834-6300
https://www.TheJacksLawGroup.com

Source list (URLs and date checked)

All of the following were opened or re-opened on Monday, August 17, 2026 (Pacific Time), unless a narrower note appears.

1. 38 C.F.R. § 4.97 (current Diagnostic Code 6847). Legal Information Institute, https://www.law.cornell.edu/cfr/text/38/4.97 — opened August 17, 2026. Full DC 6847 criteria quoted above. Source note on that page: “[61 FR 46728, Sept. 5, 1996, as amended at 71 FR 28586, May 17, 2006].”

2. 38 C.F.R. § 4.97 (2024 annual edition). GovInfo PDF, https://www.govinfo.gov/content/pkg/CFR-2024-title38-vol1/pdf/CFR-2024-title38-vol1-sec4-97.pdf — opened August 17, 2026. Header: “38 CFR Ch. I (7–1–24 Edition).” Same DC 6847 criteria; same source note “[61 FR 46728, Sept. 5, 1996, as amended at 71 FR 28586, May 17, 2006].”

3. 2022 proposed rule (not in effect). “Schedule for Rating Disabilities—Ear, Nose, Throat, and Audiology Disabilities; Special Provisions Regarding Evaluation of Respiratory Conditions; Schedule for Rating Disabilities—Respiratory System,” 87 Fed. Reg. 8474 (Feb. 15, 2022) (RIN 2900–AQ72; ACTION: Proposed rule; comments due April 18, 2022), https://www.govinfo.gov/content/pkg/FR-2022-02-15/html/2022-02049.htm — opened August 17, 2026. Preamble discussion of DC 6847 at 87 Fed. Reg. 8478; proposed DC 6847 table at 87 Fed. Reg. 8493–94.

4. 2024 supplemental proposed rule (not a final rule; does not replace DC 6847). “Schedule for Rating Disabilities—Ear, Nose, Throat, and Audiology Disabilities; Special Provisions Regarding Evaluation of Respiratory Conditions; Schedule for Rating Disabilities—Respiratory System,” 89 Fed. Reg. 74162 (Sept. 12, 2024) (RIN 2900–AQ72; ACTION: Supplemental notice of proposed rulemaking), https://www.govinfo.gov/content/pkg/FR-2024-09-12/html/2024-20542.htm — opened August 17, 2026. States that adding DC 6605 for constrictive bronchiolitis “is the only proposal of this SNPRM,” and that comments on the 2022 proposal will be addressed “in the final rulemaking.”

5. H.R. 9237 (bill; not law). Congress.gov bill page, https://www.congress.gov/bill/119th-congress/house-bill/9237 — opened August 17, 2026. Title shown: “H.R.9237 — 119th Congress (2025-2026): Take Care of America's Veterans Act.” Overview fields actually shown: Sponsor Rep. Bost, Mike [R-IL-12] (Introduced 06/10/2026); Committees: House Veterans' Affairs; Armed Services; Latest Action: House — 07/16/2026 POSTPONED PROCEEDINGS — Pursuant to clause 1(c) of rule XIX, the Chair announced further proceedings on H.R. 9237 is postponed. Status tracker shown as Introduced.

6. H.R. 9237 introduced text (title and short title only relied on). https://www.congress.gov/119/bills/hr9237/BILLS-119hr9237ih.htm — title and § 1 short title confirmed via Congress.gov search/index extract August 17, 2026. Full operative sections on sleep apnea were not independently quoted from this file for this draft.

7. 38 C.F.R. § 3.155 (intent to file; date protection only). Legal Information Institute, https://www.law.cornell.edu/cfr/text/38/3.155 — opened August 17, 2026. Paragraph (b) quoted above for the one-year complete-claim rule. Introductory text: paragraph (b) does not apply to supplemental claims.

8. Search for a final rule replacing DC 6847 after 2022. Federal Register / public materials search for a final rule under RIN 2900–AQ72 or otherwise replacing 38 C.F.R. § 4.97 Diagnostic Code 6847 — conducted August 17, 2026. No final rule replacing DC 6847 was found. The 2024 SNPRM (item 4) still referred to a future “final rulemaking.”

9. eCFR current 38 C.F.R. § 4.97. https://www.ecfr.gov/current/title-38/chapter-I/part-4/subpart-B/subject-group-ECFRd3e13e7809e6c66/section-4.97 — attempted August 17, 2026; not used. The site returned an automated-access / CAPTCHA block. Current-text reliance is on items 1 and 2 instead.